BAR REPORT - Capitol Report
State bar urges Judiciary to turn to civil matters first when courts reopen
September 14, 2020 at 08:30 AM
4 minute read
NJSBA urges courts to turn to civil matters as first step in resumption of jury trials
The New Jersey State Bar Association (NJSBA) recognizes the importance of resuming jury trials after months of having them suspended because of COVID-19. The NJSBA Committee on the Resumption of Jury Trials has determined that the best path forward—one that will preserve a litigant's constitutional rights while also protecting the health and safety of all participants—is to begin with civil trials.
"The NJSBA respectfully suggests the Judiciary move forward first with civil trials. The committee's report concluded the current plan to first resume criminal jury trials presents numerous issues, including heightened constitutional and health and safety concerns. All of us have the same goal, which is to get this right. Starting with civil trials will allow everyone involved in the process to gather lessons learned that can then be applied to criminal trials at the appropriate time without jeopardizing a defendant's liberty," said Committee Chair William H. Mergner Jr., who is also the NJSBA treasurer.
The committee, which is part of the NJSBA's broader Pandemic Task Force and composed of civil trial attorneys, criminal defense attorneys, county prosecutors and retired members of the Judiciary, expressed additional concerns about the Judiciary plan to restart criminal trials this month. The committee's report was sent to the Judiciary last week.
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